Legal Question in Credit and Debt Law in California

I wrote a check that did not clear, but was unaware as the business I wrote it to never contacted me. I did find out by receiving a letter from the district attorney's office in my county, charging me for the amount of the check, fees and then 100.00 for a school that they wanted me to attend. They threatened to send me to jail if I did not respond. I emailed with no response and then called several times to get clarity and left messages. I finally wrote a letter and explained that I had never been contacted by the business and had not knowingly wrote a bad check and that I do not have a history of doing so in the county. I stated that I would pay what I owed the business, plus fees, but that I did not feel I should have to pay for a class they wanted me to attend. I sent in the final amount in January and heard nothing from the district attorney, so I assumed all was done. I just received a letter today - May 5 stated that I still owe and they now added 30.00 more in late fees. What are my rights in this situation?

Asked on 5/05/11, 1:27 pm

1 Answer from Attorneys

Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

First of all, here is some good advice for life. Do not ever write to, or speak one word to, the police or district attorney's office. Fortunately you are not really dealing with the DA's office, but with some collection agency. Since you admit you wrote an NSF check, go to the class, pay the fee, and go and sin no more. If you lived in Nevada you'd be in jail by now.

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Answered on 5/05/11, 2:54 pm

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